The Health and Personal Social Services (Superannuation Scheme, Compensation for Premature Retirement and Additional Voluntary Contributions), and Health and Social Care (Pension Scheme) (Amendment) Regulations (Northern Ireland) 2010 No. 22

PART 3 AMENDMENT OF THE HEALTH AND SOCIAL CARE (PENSION SCHEME) REGULATIONS (NORTHERN IRELAND) 2008

Amendment of regulation 52

32.—(1) Regulation 52 (Early retirement on ill-health (active members and non-contributing members)) is amended as provided by paragraphs (2) to (4).

(2) For paragraph (5)(b), substitute—

“(b) is not increased by the enhancement period in the circumstances referred to in sub-paragraph (a) if—

(i) the member’s pensionable service before and after the break is treated separately under regulation 110, or

(ii) the member’s pensionable service in respect of an earlier service credit is treated separately under regulation 136G.”.

(3) In paragraph (17) for the definition of “permanently” substitute—

• ““permanently” means—

  (a)

  the period until age 65; and

  (b)

  in the case of a 2008 Section Optant who, before joining this Section of the Scheme, was assessed by a medical adviser as being—

  (i)

  permanently incapable of efficiently discharging their duties for the purposes of regulation 13A(2)(b)(i) of the 1995 Regulations (Ill health pension on early retirement), that Optant shall be deemed to be permanently incapable of discharging the duties of the Optant’s employment efficiently for the purposes of paragraph (2)(a),

  (ii)

  permanently incapable of regular employment of like duration for the purposes of regulation 13A(2)(b)(ii) of the 1995 Regulations, that Optant shall be deemed to be permanently incapable of engaging in regular employment of like duration for the purposes of paragraph (3)(a);”.

(4) After paragraph (17), add—

“(18) In the case of a 2008 Section Optant, this regulation is subject to regulations 136L and 136N to 136R.”.